Earticle

초록

영어

A new law(non-regular worker protection law), taking effect on July 1st, is expected to bring a seismic change in the way Korean workers are employed. The law has actually turned against non-regular workers despite its intention to protect their rights and eliminate discrimination against them.
Moreover, non-regular workers law is very complicated and difficult to solve its problem as just the law, and it would be like occupation strike of contingent workers in E-Land for 2 months. Therefore, non-regular workers need to enhance their ability, and it is important phenomenon on our society problem to extend regular workers from non-regular workers through improving employment service.
Over 2 months of enforcing the non-regular law, it would bring out dangerous of the law and reduce burden that are summarize below.
First, if a job does not have comparing object, principle of discrimination does not apply to it. Thus, to handle non-regular workers, a related job must not occur in any other job field. At last, non-regular workers and regular workers who can compare with other job is controlled accurately. For example, it is possible method not to operate any other similar work as a regular workers.
Second, discrimination of working will affect to payroll, benefit, and so on of workers. In accordance with this statement, if a company does not have specific distinction of non-regular workers and has argument about discrimination between non-regular workers and regular workers, the company should predict burden of paying the wages and bounds of other workers’ working condition including payroll and benefit compared with the workers who are impartial between contingent workers and regular workers.
Third, to authorize rationality of discrimination in work, all evidences must be prepared because irrationality case could apply to principle of discrimination. In case of authentic interpretation continuous service, ability of skill, having certification of its field, and so on could evaluate a labor’s ability and value rationally. Also, the company needs to have objectivity and impartiality when a worker is evaluated.
Finally, the company would have a work done by contract instead of hiring non-regular workers. After expiring a contract for labor, its job gives a contract that is the best solution method, but it has some problems that a contractor would not have ability, skill, and certification on its field. Moreover, transferring from non-regular workers to regular workers is a possible method but the government need to encourage companies can control a contract of employment liberally.
However, to protect non-regular workers, enterprises must offer the labor union and representative of workers about a variety of information of managing and human resource management as well as the law. The labor union also shares information of seeking employment and increases production for their company that can be efficiency and make up for the non-regular workers law. As a result, the labor union must make the best use of applying to the new law and operating new system that are unique point to solve the new law and system between the union labor and capital.

목차

I. 서론
 II. 기간제 및 단시간근로자 보호법령의 문제점
  1. 시행령의 주요 내용
  2. 차별 금지를 둘러싼 문제점 고찰
  3. 노무관리, 회계 등이 명확하게 독립적으로 운영되는 경우
  3. 기간제 제한 관련 문제점 고찰
  4. 차별시정절차 및 시정명령 관련 문제점 고찰
 III. 파견근로자 보호법령의 문제점
  1. 시행령의 주요 내용
  2. 차별금지를 둘러싼 문제점 고찰
  3. 파견업종 확대를 둘러싼 문제점 고찰
 IV. 결론
 Abstract

키워드

저자

• 노병호 [ Roh byoung ho | 충북대학교 법과대학 교수 ]
• 박규영 [ Park kyew yung | 충북대학교 대학원 박사과정 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363